Peterson judge sets tentative trial date of Dec. 1 on child abuse charge

Running back sat in the audience, didn't enter plea in Montgomery County, Texas, courtroom.

October 8, 2014 at 10:02PM

A Texas judge on Wednesday discussed the possibility of a Dec. 1 trial date for Minnesota Vikings running back Adrian Peterson, who, according to his lawyer, wants his child abuse case resolved so he can get back to work.

Peterson sat in the audience with his wife and mother during the brief court hearing in Conroe, Texas, north of Houston. He wasn't asked to enter a plea and did not speak during the hearing, during which lawyers for both sides huddled in front of Montgomery County Judge Kelly Case. Peterson's next hearing date is set for Nov. 14.

After the hearing, Rusty Hardin, Peterson's attorney, told reporters outside the courthouse that his client is "champing at the bit" to respond to the allegations. He called Peterson a "good man," adding, "This is a case about a parenting decision."

Asked how he was feeling, Peterson, swarmed by cameras crews and reporters as he entered a dark Mercedes SUV, responded, "I'm good."

The crush of media inside and outside the courthouse reflected the seemingly insatiable interest in Peterson's story, which has included reports about sloppy financial management at his All-Day Foundation and a 2011 police report about a sex-and-booze party at an Eden Prairie hotel.

Peterson has not personally responded to the criminal charges. He has sent oblique, brief comments from his Twitter account seeming to challenge the accuracy of Star Tribune reports about his foundation that were based on 2011 financial reports, the most recent ones available.

Accompanied by his mother and wife, Peterson wove through the crowd into the courthouse, looking robust and calm in a gray suit with a black tie and white shirt. He sat in the front and didn't speak except for a few hushed conversations with lawyers. Across the aisle from him sat jailed inmates, the men in black and gray striped jail outfits, the women in pink and white. Throughout Peterson's hearing, the inmates' shackles audibly jangled.

In requesting a speedy trial, Hardin said his client is unable to work until the case is resolved. He pushed for a Nov. 18 trial start, which would be exceedingly fast. The judge noted that in Texas, the deadline to complete discovery is a month before a trial starts. The judge said he had two other cases scheduled for that week, and a Dec. 1 date was discussed. Prosecutors said after the hearing that no firm trial date was set. They have previously said the case could take months to go to trial.

The date would hinge in part on whether Case will hear the case. At the outset of the hearing, County Attorney Brett Ligon asked the judge to both apologize and recuse himself for recently calling Hardin and prosecutors a "whore" or "media whore."

Case apologized, but said he'd known Hardin for years and was trying to make a "humorous joke." He declined to voluntarily step aside from the case. The district's presiding Judge Olen Underwood will be asked to rule on the recusal motion.

Hardin told the judge he wasn't bothered by the comment. "I've been called worse," he said.

Although Case said he shouldn't rule on any matters pending a decision on the recusal, he temporarily agreed to seal a pending prosecution motion at Hardin's request.

Hardin said the motion to include "extraneous acts" would be prejudicial if made public and would prevent Peterson from getting a fair trial.

It's unclear what the motion contains, but under Texas law, extraneous acts would be acts that haven't been charged but are similar to what has been charged.

As part of the proceedings Wednesday, Peterson agreed to not have contact with his injured son until his case is resolved. He has stated before that he didn't believe his behavior was criminal, arguing that he was merely disciplining the child in the same physical manner in which he was treated.

Football future at stake

The star's football future hinges on this case. He's 29, an advanced age at the bruising running back position. And even though he has been the friendly face of the franchise, Peterson's at the end of his large contract with the Vikings, potentially putting his prodigious talents on the market for 2015.

The case and the ensuing fallout stunned Winter Park, where Peterson is revered by teammates, secretaries and executives for his talents on the field and generosity with fans, especially children.

The court hearing was his first major public appearance since the grand jury indictment went public Sept. 12. He is accused of criminally disciplining his 4-year-old son with a switch after the boy fought with another child over a video game. Leaked photos of the boy's injuries showed red bruises and welts on his legs days after the May incident.

The Vikings immediately benched him for the Sept. 14 game, then reversed themselves and reinstated him Monday. Less than two days later, amid a public backlash, the team announced that Peterson would go on the commissioner's exempt list, meaning he wouldn't play but would still be paid his $11 million salary.

Although his locker remains full in Winter Park, he's not been seen in Minnesota since.

If convicted, Peterson faces a maximum sentence of two years, but as a first-time offender could get probation.

The Houston Chronicle contributed to this report.
rochelle.olson@startribune.com • 612-673-1747 @rochelleolson

about the writer

about the writer

Rochelle Olson

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Rochelle Olson is a columnist on the Minnesota Star Tribune Editorial Board focused on politics and governance.

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